Download: Artist-Producer Contract
This shall serve as the sole agreement between ___________________________
(hereinafter referred to as “PRODUCER”) for producing Master Recordings (hereinafter referred to as “Masters”) of and for the recording artist(s) professionally known as _____________________________________ (hereinafter referred to as “ARTIST”).
Under this AGREEMENT, recording sessions for the Masters shall be conducted by PRODUCER at such times and places mutually designated by ARTIST and PRODUCER. All individuals rendering services in connection with the recording of Masters will be subject to ARTIST’S approval. ARTIST shall have the right and opportunity to have his or her representatives attend each recording session. Each Master shall embody the performance of a single musical composition, and are subject to PRODUCER’s approval for the manufacture, broadcast and sale of phonorecords. Upon ARTIST’S request, PRODUCER shall re-record any musical composition or other selection until the ARTIST is satisfied with the Master, provided additional production costs will be paid by ARTIST. PRODUCER agrees to begin preproduction, rehearsals, and recording on ________________, 20____.
PRODUCER shall deliver to ARTIST a two-track stereo tape suitable for duplication and manufacture of phonorecords for each Master. All original session tapes, rough mixes and any derivatives or reproductions shall also be delivered to ARTIST, or, at ARTIST’S election, maintained at a recording studio or other location designated by ARTIST, in ARTIST’S name and subject to ARTIST’S control.
From the inception of the recording, all Masters produced and all phonorecords and other reproductions made, together with the performances, all copyrights, and all renewals and extensions shall be entirely ARTIST’s property, free of any claims whatsoever by PRODUCER or any other person engaged in the production of the Masters (it is understood that for copyright purposes PRODUCER and all persons rendering services in connection with such Masters shall be Contractors for hire).
Conditioned upon PRODUCER’s full and faithful performance of all the terms and provisions, ARTIST shall pay PRODUCER the sum of ________________________($_________), payable at commencement of recording. The balance is due when the Masters are delivered.
In the event the Masters are released on any label other than ________________________, its subsidiary or affiliate label(s), PRODUCER shall not receive a royalty in connection with the sale of such records.
In the event the Masters are released on the ____________________ label or a subsidiary or affiliate label, PRODUCER shall be paid for the sale of such phonorecords a royalty rate of three percent (3%) of the suggested retail price of each phonorecord sold and paid for in the United States. Payments of royalties from foreign sources shall be ONE-HALF of the United States royalty rate. All fees paid to PRODUCER shall constitute recoupable advances which shall be recouped prior to further payment of royalties.
PRODUCER has agreed to assist ARTIST in presenting the Masters to major record companies in pursuit of a production agreement with a major label. PRODUCER understands that ARTIST will also be presenting the Masters to major labels and that PRODUCER will not be ARTIST’S exclusive representative. Therefore, PRODUCER agrees to notify ARTIST prior to making any formal contact with representatives of any major record company in order to coordinate respective efforts and agrees to contact only those companies mutually agreed upon.
In the event ARTIST enters into a record production agreement with a major label for the Masters recorded, ARTIST agrees to pay PRODUCER a commission of six percent (6%) of the actual cash advances (exclusive of recording budgets) received by PRODUCER upon execution of said agreement (a major record company is a company or corporation with gross sales of one million (1,000,000) units in the current calendar year).
PRODUCER agrees that he is under no restriction to execute and perform the services described in this AGREEMENT.
ARTIST shall have the right to designate other producers for recording sessions with the ARTIST, in which event PRODUCER shall have no rights to the Masters produced at those sessions.
ARTIST shall have the right to assign any of his or her rights, in whole or part, to any subsidiary, affiliated, or related company, or to any person, firm or corporation acquiring rights in the Masters produced.
No amendment or modification of this contract shall be binding unless confirmed in writing by both parties.
ARTIST shall not be deemed in breach of any obligations until he or she receives specific written notice of the nature of this breach and has failed to cure such breach within thirty (30) days.
Nothing contained herein shall constitute a partnership or joint venture between ARTIST and PRODUCER.
This contract has been entered into in the State of ____________, and its validity, construction, interpretation, and legal effect shall be governed by the laws of the State of _____________.
GOVERNING LAW: This AGREEMENT shall be governed by the laws and in the courts of the State of _____________ and by the laws of the United States, excluding their conflicts of law principles. Any dispute or legal proceeding regarding the AGREEMENT shall take place in the county of _____________, in the State of _________________.
Your signature below will constitute this as a binding agreement.
AGREED TO AND ACCEPTED
For PRODUCER For ARTIST